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Gloudeman v. Home Depot USA, Inc.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Aug 11, 2011
Civil Action No.: 10-cv-02832-DME-CBS (D. Colo. Aug. 11, 2011)

Opinion

Civil Action No.: 10-cv-02832-DME-CBS

08-11-2011

SHARON GLOUDEMAN, Plaintiff, v. HOME DEPOT U.S.A., INC., 3M COMPANY, PACIFIC CUSTOM PRODUCTS, INC., Defendants.


Magistrate Judge Craig B. Shaffer

FTR - Reporter Deck - Courtroom A402

Courtroom Deputy: Linda Kahoe

Angela L. Ekker

Mark Harry Andrews

Arthur Kittredge Smith, III

William Thomas O'Connell, III

Michael W. Jones

COURTROOM MINUTES/MINUTE ORDER

HEARING: TELEPHONIC MOTION HEARING

Court in session: 10:03 a.m.

Court calls case. Appearances of counsel.

Discussion regarding Defendant's Joint Motion to Strike Plaintiff's Supplemental Rule 26(a)(2) Expert Disclosure, doc #[64], filed 8/3/2011.

The court states that counsel did not follow this court's practice standards.

The court asks counsel to adhere to Rule 16(b) in the future.

ORDERED: Defendant's Joint Motion to Strike Plaintiff's Supplemental Rule 26(a)(2) Expert Disclosure, doc #[64] is DENIED to the extent that it seeks to strike Dr. Cote in all respects. Within TWO WEEKS of today's date, the Plaintiff shall provide supplemental disclosures from Dr. Cote. The supplemental disclosures MUST: (1) include a written report from Dr. Cote which contains a complete statement of all opinions the witness will express as of the date the disclosure is made, and the basis and reasons for those opinions; (2) include a supplemental disclosure that sets forth the facts or data considered by Dr. Cote in formulating those opinions; (3) set forth any exhibits that Dr. Cote will use to summarize or support his opinion.

The court states that based upon the supplement disclosures, the court and Defense counsel will be in a position to have a better sense of what role, if any, Dr. Cote is likely to have at trial.

Discussion regarding Dr. Cote's opinions as a treating physician or as a retained expert.

ORDERED: If Dr. Cote is used as a retained expert, then he is REQUIRED to provide a full and complete report as required by Rule 26(a)(2)(B).

Discussion regarding Amended Stipulated Motion to Amend Scheduling Order, doc #[67], filed 8/4/2011.

ORDERED: The Amended Stipulated Motion to Amend Scheduling Order, doc #[67] is GRANTED. All expert discovery is STAYED. The parties shall file a Proposed Amended Scheduled Order no later than SEPTEMBER 6, 2011. The Proposed Amended Scheduling Order shall indicate firm deadlines for completing all expert discovery. All fact discovery must be completed by SEPTEMBER 30, 2011. Dispositive Motions that are not dependant upon expert opinion must be filed by SEPTEMBER 30, 2011. The date of the Final Pretrial Conference will be adjusted after review of the new Amended Scheduling Order.

HEARING CONCLUDED.

Court in recess: 10:59 a.m.

Total time in court: 00:56

To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303) 825-6119 or toll free at 1-800-962-3345.


Summaries of

Gloudeman v. Home Depot USA, Inc.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Aug 11, 2011
Civil Action No.: 10-cv-02832-DME-CBS (D. Colo. Aug. 11, 2011)
Case details for

Gloudeman v. Home Depot USA, Inc.

Case Details

Full title:SHARON GLOUDEMAN, Plaintiff, v. HOME DEPOT U.S.A., INC., 3M COMPANY…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Aug 11, 2011

Citations

Civil Action No.: 10-cv-02832-DME-CBS (D. Colo. Aug. 11, 2011)